Patna High Court
Soni Kumari @ Sanu KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the dismissed criminal miscellaneous case may be restored subject to the petitioner depositing Rs. 5,000.
Summary
The petitioner, Soni Kumari, filed an application seeking restoration of Criminal Miscellaneous No. 24539 of 2025, which had been dismissed on 21-11-2025 for non‑prosecution. The High Court examined the reasons furnished by the petitioner for the lapse. Finding the explanations satisfactory, the Court allowed the restoration but imposed a condition that the petitioner deposit Rs. 5,000 with the Patna High Court Legal Services Committee. Upon compliance, the case was ordered to be restored to its original file for further proceedings. The Office was directed to verify the deposit and proceed accordingly.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑prosecution can be restored upon the petitioner's application?
Subjects
- restoration of criminal proceedings
- non‑prosecution
- High Court order
- condition precedent
- criminal miscellaneous case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9741 of 2026
In
CRIMINAL MISCELLANEOUS No.24539 of 2025
Arising Out of PS. Case No.-504 Year-2024 Thana- MASHRAK District- Saran
======================================================
Soni Kumari @ Sanu Kumari W/O Sonu Tiwari Resident of Village and Post-
Jajauli, P.S- Mashrak, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Niranjan Kumar, Advocate
Mr. Rohan Kumar, Advocate
Ms. Dikshika Singh, Advocate
For the State : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 25-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This application has been filed for restoration of Cr.
Misc. No. 24539 of 2025, which stood dismissed on 21.11.2025
due to non-prosecution.
3. In view of the reasons assigned in the petitioner,
this restoration application is allowed, subject to condition that
petitioners shall deposit a sum of Rs. 5,000/- (Five Thousand
Rupees) in the Office of Patna High Court Legal Services
Committee, Patna.
4. Accordingly, let Cr. Misc. No. 24539 of 2025 be
restored to its original file.
Patna High Court CR. MISC. No.9741 of 2026(3) dt.25-03-2026
2/2
5. Office is directed to verify and proceed further.
(Prabhat Kumar Singh, J)
shashank/-
U T
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